2004 PLP 1838 (YLR)

It has been contended by the learned counsel for the applicants that the case against the applicants is false and they have been implicated in this case due to enmity. According to him from the perusal of the F.I.R. no case under section 3(iii)/4 of Ordinance LIX of 2002, is made out. On the other hand, learned Standing counsel opposed the grant of bail on the grounds, inter alia, that the offence committed by the applicant is a very serious in nature. He has referred to the definitions of section 3(iii) and 4 of Ordinance LIX of 2002 (Prevention and Control of Human Trafficking Ordinance, 2002) and has contended that the punishment for the offence with which the applicants have been charged goes up to fourteen years irrespective of the plea, if any, taken by the biological parents of the child, shall not prejudice the commission of offence under this clause. I have given my anxious consideration to the arguments of the respective parties and have also come across the record as well as the law, referred above. For the sake of convenience, relevant sections i.e. sections 3(iii) and 4 of Ordinance LIX of 2002 (Prevention and Control of Human Trafficking Ordinance, 2002) are reproduced below:‑‑ "Section 3: Punishment for human trafficking. " (i) (ii) (iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, kidnapping or abduction or by giving or receiving any benefit for trafficking him or her into or out of Pakistan with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine: Provided that if the commission of the offence under this clause involves kidnapping or abduction or any attempt thereto of the victim the term of imprisonment may extend to fourteen years with fine: Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this clause. (iv) . Section 4: Offence committed by organized criminal groups:‑‑‑ Where an organized criminal group is guilty of any offence under clauses (i), (ii), (iii) or (iv) of section 3, the term of imprisonment for each member of such group involved in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the purpose of trafficking of a victim is exploitative entertainment and shall also be liable to fine." In the present case, the children themselves have disclosed that they left Pakistan while they were 3‑4 years old with their uncle Ghulam Muhammad and after about six years when they became 9‑10 years old arrived Pakistan. According to them their uncle Ghulam Muhammad was accompanied with them who on reaching at QIAP disappeared leaving them alone. However, they have further disclosed that while they were in Abu Dhabi they used to live in Hamran a Camel Compound. Their Shaikh (Kafeel) used to pay 500 to 600 Riyal P.M. salary to them which was being A directly received by Ghulam Muhammad who used to send the same to the parents of the children in Rahim Yar Khan. Both the children used to work as Camel Jockey. Tentatively speaking, that the above facts and circumstances reveal that father of both the children including carrier Ghulam Muhammad knowingly transported the above‑named children to Abu Dhabi UAE, detained them there for the purpose of exploitative entertainment and had received monitory benefit in lieu of services rendered by their children as Camel Jockey, through coercion. In the circumstances, I am not inclined to grant bail to the applicants which, accordingly, is dismissed. Criminal Bail Application No. 1103 of 2003 stands disposed of. H.B.T./A‑41/K Bail application dismissed.